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Cases

Chapter 2: Cases

These rules apply to Australian cases. To cite foreign or international cases, See Part IV: International Materials; See part V: Foreign Domestic Materials

 

Case names, See 2.1

  • Place the case name in italics
  • Where the parties in a case name are individuals, only include the person's surname
  • Only the first plaintiff and defendant should be cited (do not include '& Anor' or '& Ors')

Omitting the case name, See 2.1.15

  • The case name should be left out of a footnote citation if it appears in full in the sentence accompanying the footnote
  • In subsequent references the case name (or short title) should always appear in the footnote, See 1.4

Law report series, See 2.2.2

  • A reported version of a case should always be cited over an unreported version

  • Always use the authorised report where available (judgments reproduced in an authorised report have been approved by a judge or their associate)

Parallel citations, See 2.2.7

  • Do not include parallel citations to a case. The most authoritative version available should be consulted and cited.

Pinpoint references, See 2.2.5

  • Always pinpoint to page numbers for reported cases
  • If a reported case has both pages and paragraph numbers, always pinpoint to the pages. Paragraphs may be included in addition
  • For unreported cases using a medium neutral citation, pinpoints will be to paragraphs

Identifying judicial officers and counsel, See 2.4

  • The judicial officer/s whose judgment is being cited should be identified in brackets after the pinpoint reference (if not already apparent).

  • See page 59 for a table of abbreviations of judicial officers in Australia

 

Submissions in cases, See 2.8

Party Name, | 'Title of Submission', | Submission in Case Name, | Proceeding number | Full date of submission, | Pinpoint.
  • Where a party name is an individual it should appear in full (not just the surname)
  • Title of submission and proceeding number should only be included if they appear in the submission

Cases format and examples

See 2–2.2

  • Round brackets are used around the year for law reports organised by volume number
  • Square brackets are used around the year for law reports organised by year (if more than one volume is produced in a year, include the volume number in the citation)
  • The starting page of a case always forms part of the citation and is separate from the pinpoint
  • If a case uses a unique reference number in place of a starting page, use that number (including any symbols. CCH cases often use these numbers and the symbol: )
  • When referring to a case generally, or in its entirety, pinpoints are not necessary

Reported case organised by volume

Case name | (Year) | Volume | Law report series abbreviation | Starting page, | Pinpoint.

 

Reported case organised by year

Case name | [Year] | Volume if applicable | Law report series abbreviation | Starting page, | Pinpoint.

 

Examples

R v Schelvis (2016) 263 A Crim R 1. [case organised by volume]

Waddy v Rabba [1982] Qd R 20. [case organised by year]

R v Visconti [1982] 2 NSWLR 104. [case organised by year where report has more than one volume per year]

 

Pinpoint examples

Brown v Tasmania (2017) 261 CLR 328. [no pinpoint]

Brown v Tasmania (2017) 261 CLR 328, 335. [pinpointing to a page]

Brown v Tasmania (2017) 261 CLR 328, 328. [pinpointing to the first page]

Brown v Tasmania (2017) 261 CLR 328, 335–8. [pinpointing to a span of pages, 335 through to 338]

Brown v Tasmania (2017) 261 CLR 328, 335–42. [pinpointing to a span of pages, 335 through to 342]

Brown v Tasmania (2017) 261 CLR 328, 335, 338. [pinpointing to pages 335 and 338, but not 336 or 337]

Brown v Tasmania (2017) 261 CLR 328, 345 [25]. [pinpointing to a page and paragraph]

Brown v Tasmania (2017) 261 CLR 328, 345 [25]–[28]. [pinpointing to a span of paragraphs on a single page]

Brown v Tasmania (2017) 261 CLR 328, 345–6 [25]–[32]. [pinpointing to a span of paragraphs over a span of pages]

Brown v Tasmania (2017) 261 CLR 328, 345 [25], 346 [32]. [pinpointing to 2 paragraphs on two different pages]

Moroccanoil Israel Ltd v Aldi Foods Pty Ltd (2017) AIPC ¶92-533. [CCH case using a unique reference number in place of starting page, no pinpoint]

Moroccanoil Israel Ltd v Aldi Foods Pty Ltd (2017) AIPC ¶92-533, 38291. [CCH case with pinpoint]

See 2.3

  • In accordance with rule 2.2.2, a case should not be cited as unreported if it has been reported

Decisions with a medium neutral citation, See 2.3.1

Case name | [Year] | Unique court identifier | Judgment number, | [Pinpoint].

 

Decisions without a medium neutral citation, See 2.3.2

  • Unreported cases without a medium neutral citation allocated by the court should follow the form below:
Case name | (Court, | Judge/s, | Full judgment date) | Pinpoint.

 

Examples

Palmer v Ayres [2017] HCA 5. [decision with a medium neutral citation]

Ross v Chambers (Supreme Court of the Northern Territory, Kriewaldt J, 5 April 1956). [decision without a medium neutral citation]

 

Pinpoint examples

Blundell v Queensland Building and Construction Commission [2018] QSC 58. [no pinpoint]

Blundell v Queensland Building and Construction Commission [2018] QSC 58, [20]. [pinpoint]

Blundell v Queensland Building and Construction Commission [2018] QSC 58, [20]–[23]. [pinpointing to a span of paragraphs]

Blundell v Queensland Building and Construction Commission [2018] QSC 58, [20], [23]. [pinpointing to paragraphs 20 and 23, but not 21 or 22]

See 2.6.1

Administrative decisions and determinations (including those of tribunals) should be cited in the same way as reported or unreported cases, with a few exceptions, including:

  • Party names may be separated by either 'v' or 'and' – use whichever is used in the decision itself
  • In the case name, a number or code is sometimes used in place of party names

Reported

Case name | (Year) | Volume | Law report series abbreviation | Starting Page, | Pinpoint.
 

Unreported

Case name | [Year] | Unique court identifier | Judgment number | [Pinpoint].

 

Examples

AAT Case 7422 (1991) 22 ATR 3450.

Re Nguyen and Migration Agents Registration Authority [2012] AATA 925.

 

Refer to Reported cases and Unreported cases for pinpoint examples.

Australian Guide to Legal Citation
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